11 1 of priorities for its informational, educational, and regulatory 2 activities. After such evaluation the Commission shall publish 3 in the Federal Register a list of the categories of consumer 4 products which it believes warrant primary attention, with 5 the reasons therefor. The Commission may from time to time 6 add to, delete from, or modify such list of priorities. The fail 7 ure to include category of products in such list of priorities 8 shall not preclude Commission action with respect thereto. 9 10 11 CONSUMER PRODUCT SAFETY STANDARDS SEC. 7. The Commission shall have authority to pro mulgate consumer product safety standards or other regula12 tions for consumer product safety including 28 13 (a) any requirement as to performance, composition, contents, design, construction, finish, packaging, or otherwise relating to any consumer product or any component part thereof, as is reasonably necessary to prevent or reduce risk of death or personal injury; and (b) any requirement that any consumer product or any component part thereof be marked with or accom panied by clear and adequate warnings or instructions, or form of warnings or instructions, as is reasonably necessary to prevent or reduce risk of death or personal injury. 1 2 3 12 CONSUMER PRODUCT SAFETY STANDARDS-PROCEEDINGS BY COMMISSION 4 SEC. 8. (a) Whenever the Commission finds that a consumer product safety standard or other regulation author5 ized by section 7 is necessary to prevent or reduce risk of 6 death or personal injury to the public from an identified 7 product hazard, the Commission shall commence a proceed 8 9 ing for the development of such a standard or regulation. (b) A proceeding for the development of such a stand10 ard or regulation shall be commenced by the publication of a notice in the Federal Register. 11 The notice shall state (1) the nature of an identified product hazard found by the Commission; (2) that the Commission has determined a consumer product safety standard or regulation is neces sary to prevent or reduce unreasonable risk of death or personal injury to the public from such hazard; and (3) that any person or organization which is competent and willing to develop a proposed standard or regulation to prevent or reduce such hazard is invited to advise the Commission within thirty days of the date of such notice. (c) If, within such period, a person or organization offers to develop such a proposed standard or regulation and the 13 1 Commission determines that such person or organization— 2 3 4 5 6 7 8 9 10 11 (1) is technically competent to undertake such a project; and (2) if an organization operates pursuant to fair procedures, including: (i) reasonable notice to and adequate participation by all interested parties including con sumers, (ii) due process to all participants, (iii) maintenance of adequate records of deliberations which are available to the public, (iv) a requirement that all dissenting views on proposed standards be recorded and furnished to the Commission, and (v) such other pro12 cedures as the Commission deems necessary, 13 the Commission shall suspend its proceeding for the de14 velopment of a consumer product safety standard for not more 15 than one hundred and eighty days and authorize such person 16 or organization to develop a proposed standard or regulation. 17 The Commission, for good cause shown, may extend such 18 suspension for such additional period as it finds in the public 19 interest and shall publish its reasons for such determination. 20 During such suspension the Commission may authorize its 21 staff to develop proposals for a standard or regulation, or con22 tract with third parties for such development. 23 (d) If, within such period, a proposed consumer product 24 safety standard or regulation is developed by such person or 25 organization, the Commission shall resume its proceeding 11 12 14 1 and shall take such proposed standard or regulation into con2 sideration, along with the views of its staff, prior to publish3 ing a proposed consumer product safety standard or regula4 tion in the Federal Register. A consumer product safety 5 standard or regulation shall thereafter be published within 6 sixty days of submission of such proposed standard unless the 7 Commission, for good cause shown, finds an extension of such 8 period is in the public interest and publishes its reasons for 9 such determination. Such standard or regulation shall include 10 a finding that the Commission determines it is reasonably necessary to prevent or reduce unreasonable risk of death or personal injury to the public from the hazard described. (e) If no person or organization offers and is authorized 14 by the Commission to develop such a proposed consumer 15 product safety standard or regulation, the Commission shall 16 publish a consumer product safety standard or regulation 17 within one hundred and eighty days of the publication of 18 the notice commencing the proceeding unless the Commis19 sion, for good cause shown, finds an extension of such period 20 is in the public interest and publishes its reasons for such 21 determination. Such standard or regulation shall include a 22 finding that the Commission determines it is reasonably 23 necessary to prevent or reduce unreasonable risk of death 24 or personal injury to the public from the hazard described. 13 (f) Each consumer product safety standard or regula 15 1 tion shall specify the date such standard or regulation is to 2 take effect not exceeding ninety days from the date issued, 3 unless the Commission finds, for good cause shown, that a 4 later effective date is in the public interest and publishes its 5 reasons for such finding. 6 (g) The Commission may by order amend or revoke 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any consumer product safety standard or regulation established under this section. Such order shall specify the date on which such amendment or revocation is to take effect which shall not exceed ninety days from the date the order is issued unless the Commission finds for good cause shown. that a later effective date is in the public interest and pub lishes its reasons for such finding. Where an amendment involves a material change in a standard or regulation subsections (a)-(e) of this section shall apply. (h) In issuing a consumer product safety standard pursuant to this section, (1) the Commission shall not issue any standard unless there is an expression in the standard itself of the hazard which the standard is designed to prevent or reduce; (2) shall whenever possible promulgate performance standards; and (3) shall consider relevant avail able product data including the results of research, develop ment, testing, and investigation activities conducted generally and pursuant to this Act. (i) Section 553 of title 5, United States Code, shall |